K.C., et al v. Individual Members of the Medical Licensing Board, et al
| K.C., NATHANIEL CLAWSON, BETH CLAWSON, M.W. and RYAN WELCH |
| INDIVIDUAL MEMBERS OF THE MEDICAL LICENSING BOARD OF INDIANA, LINDSAY HYER, Executive Director, Indiana Professional Licensing Agency, TODD ROKITA, Attorney General of the State of Indiana, DANIEL RUSYNIAK, Secretary, Indiana Family and Social Services Administration and INDIANA FAMILY AND SOCIAL SERVICES ADMINISTRATION |
| FAMILY RESEARCH COUNCIL, ALLIANCE DEFENDING FREEDOM, STATE OF ALABAMA, STATE OF ARKANSAS, STATE OF TENNESSEE, STATE OF ALASKA and STATE OF FLORIDA |
| 23-2366 |
| July 12, 2023 |
| U.S. Court of Appeals, Seventh Circuit |
| Other Civil Rights |
Opinions
We have the following opinions for this case:
Docket Report
This docket was last retrieved on September 9, 2023. A more recent docket listing may be available from PACER.
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| Filing 44 Motion filed by Appellees Beth Clawson, Nathaniel Clawson, K.C., M.W. and Ryan Welch to strike appendix of amicus curiae Alliance Defending Freedom. [44] [7334647] [23-2366] (Rose, Gavin) [Entered: 09/09/2023 07:06 AM] |
| Filing 43 Motion filed by Attorney Thomas M. Fisher for Appellants Individual Members of the Medical Licensing Board of Indiana, Lindsay Hyer, Todd Rokita, Daniel Rusyniak and Indiana Family and Social Services Administration to withdraw as counsel. [43] [7334553] [23-2366]--[Edited 09/08/2023 by PS - to reflect attorney motion filed.] (Fisher, Thomas) [Entered: 09/08/2023 12:20 PM] |
| Filing 42 Paper copies of amicus brief filed by Amici Curiae State of Alabama, State of Alaska, State of Arkansas, State of Florida and State of Tennessee. [42] [7334529] [23-2366] (CAG) [Entered: 09/08/2023 11:16 AM] |
| Filing 41 Brief deficiency letter sent to Amici Curiae State of Alabama, State of Alaska, State of Arkansas and State of Tennessee. The Amicus brief was electronically filed on 08/28/2023. The paper copies of this brief were due to be submitted to the Clerk's Office by 09/05/2023. The paper copies have not been received by this court. Paper copies due on 09/14/2023 or the court may issue a Rule of Show Cause order pursuant to Circuit Rule 31. [41] [7334386] [23-2366] (KRA) [Entered: 09/07/2023 04:32 PM] |
| Filing 40 Paper copies of amicus brief and appendix vols. I - III filed by Amicus Curiae Alliance Defending Freedom. [40] [7333980] [23-2366] (CAH) [Entered: 09/06/2023 11:35 AM] |
| Filing 39 Filed Appendix vols. I - III by Amicus Curiae Alliance Defending Freedom. Per order. [39] [7333231] Paper copies due on 09/07/2023 [23-2366] (GW) [Entered: 08/31/2023 02:30 PM] |
| Filing 38 Submitted Appendix by John J. Bursch for Amicus Curiae Alliance Defending Freedom. [38] NOTE: Access to this entry is limited to counsel of record. Once the document is approved by the court, it will be filed onto the court's docket as a separate entry which will be open to the public. [7333206] [23-2366] (Bursch, John) [Entered: 08/31/2023 12:52 PM] |
Filing 37
ORDER re: Motion For Leave to Re-File Appendix to Amicus Brief of Alliance Defending Freedom as Multiple Volumes [ # 33 ]. Because the paper copies of the separate appendix must be identical to the electronic submission, IT IS ORDERED that the motion is GRANTED to the extent that amicus curiae Alliance Defending Freedom shall electronically resubmit, by no later than 09/07/2023, the separate appendix in multiple volumes. This separate appendix will replace the single volume filed on 08/28/2023. The paper copies will be due within seven days of the Notice of Docket Activity generated upon the clerk's acceptance of the appendix in multiple volumes. Counsel should take care to make sure that each volume of the separate appendix is uploaded as a single document with a cover page. For more information counsel may contact the clerks office. CDH [37] [7333055] [23-2366] (MAN) [Entered: 08/31/2023 08:44 AM]
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| Filing 36 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Harper Seldin for Appellees Beth Clawson, Nathaniel Clawson, K.C., M.W. and Ryan Welch. [36] [7332630] (L-No; E-No; R-No) [23-2366]--[Edited 08/30/2023 by FP to reflect that atty. Seldin is added to the docket.] (Seldin, Harper) [Entered: 08/29/2023 03:38 PM] |
| Filing 35 Added Attorney Alexander Barrett Bowdre for Amici Curiae State of Alabama, State of Alaska, State of Florida, State of Arkansas and State of Tennessee, in case 23-2366 per disclosure statement. Disclosure and appearance form filed by Attorney Alexander Barrett Bowdre for Amici Curiae State of Alabama, State of Alaska, State of Florida, State of Arkansas and State of Tennessee. Additional Parties: States of Georgia, Idaho, Iowa, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Montana, Nebraska, North Dakota, Oklahoma, South Carolina, Texas, Utah, and West Virginia. [35] [7332626] (L-Yes; E-Yes; R-No) [23-2366]--[Edited 08/29/2023 by MAN to reflect addition of counsel] (Bowdre, Alexander) [Entered: 08/29/2023 03:23 PM] |
| Filing 34 Added Attorney Edmund G. LaCour Jr. for Amici Curiae State of Alaska, State of Arkansas, State of Florida, State of Tennessee and State of Alabama., in case 23-2366 per disclosure statement. Disclosure and appearance form filed by Attorney Edmund G. LaCour Jr. for Amici Curiae State of Alaska, State of Arkansas, State of Florida, State of Tennessee and State of Alabama. Additional Parties: States of Georgia, Idaho, Iowa, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Montana, Nebraska, North Dakota, Oklahoma, South Carolina, Texas, Utah, and West Virginia. [34] [7332622] (L-Yes; E-Yes; R-No) [23-2366]--[Edited 08/29/2023 by MAN to reflect addition of counsel] (LaCour, Edmund) [Entered: 08/29/2023 03:18 PM] |
| Filing 33 Motion filed by Amicus Curiae Alliance Defending Freedom to file Appendix as Multiple Volumes. [33] [7332616] [23-2366] (Bursch, John) [Entered: 08/29/2023 03:08 PM] |
| Filing 30 Submitted Appendix by John J. Bursch for Amicus Curiae Alliance Defending Freedom. [30] NOTE: Access to this entry is limited to counsel of record. Once the document is approved by the court, it will be filed onto the court's docket as a separate entry which will be open to the public. [7332524] [23-2366] (Bursch, John) [Entered: 08/29/2023 10:40 AM] |
| Filing 29 Re-Submitted brief by John J. Bursch for Amicus Curiae Alliance Defending Freedom. Consent from all parties contained within brief. [29] NOTE: Access to this entry is limited to counsel of record. Once the document is approved by the court, it will be filed onto the court's docket as a separate entry which will be open to the public. [7332522] [23-2366] (Bursch, John) [Entered: 08/29/2023 10:38 AM] |
| Filing 32 Filed Appendix by Amicus Curiae Alliance Defending Freedom. [32] [7332569] Paper copies due on 09/05/2023 [23-2366]--[Edited 09/01/2023 by MAN: REPLACED, per the courts 8/31/23 order] (GW) [Entered: 08/29/2023 11:59 AM] |
| Filing 31 Amicus brief filed by Amicus Curiae Alliance Defending Freedom by consent. Paper copies due on 09/05/2023 [31] [7332568] [23-2366] (GW) [Entered: 08/29/2023 11:58 AM] |
| Filing 28 Amicus brief filed by Amici Curiae State of Florida, Alaska, Tennessee, Arkansas, Alabama, Georgia, Idaho, Iowa, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Montana, Nebraska, North Dakota, Oklahoma, South Carolina, Texas, Utah, and West Virginia, government filing, no consent necessary. Paper copies due on 09/05/2023 [28] [7332479] [23-2366] (GW) [Entered: 08/29/2023 09:23 AM] |
| Filing 27 Brief deficiency letter sent to Amicus Curiae Alliance Defending Freedom. [27] [7332469] [23-2366] (GW) [Entered: 08/29/2023 09:05 AM] |
| Filing 26 Submitted brief by Edmund G. LaCour Jr. for amicus States of Alabama, Arkansas, Tennessee, Alaska, Florida, Georgia, Idaho, Iowa, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Montana, Nebraska, North Dakota, Oklahoma, South Carolina, Texas, Utah, and West Virginia. Federal or state filer (consent unnecessary). [26] NOTE: Access to this entry is limited to counsel of record. Once the document is approved by the court, it will be filed onto the court's docket as a separate entry which will be open to the public. [7332409] [23-2366] (LaCour, Edmund) [Entered: 08/28/2023 04:42 PM] |
| Filing 25 Paper copies of amicus brief filed by Amicus Curiae Family Research Council. [25] [7332325] [23-2366] (LJ) [Entered: 08/28/2023 02:44 PM] |
| Filing 24 Submitted brief by John J. Bursch for amicus Alliance Defending Freedom. Consent from all parties contained within brief. [24] NOTE: Access to this entry is limited to counsel of record. Once the document is approved by the court, it will be filed onto the court's docket as a separate entry which will be open to the public. [7332303] [23-2366] (Bursch, John) [Entered: 08/28/2023 02:12 PM] |
| Filing 23 Amicus brief filed by Amicus Curiae Family Research Council by consent. Paper copies due on 09/01/2023 [23] [7331998] [23-2366] (KRA) [Entered: 08/25/2023 11:48 AM] |
| Filing 22 Submitted brief by Christopher Mills for amicus Family Research Council. Consent from all parties contained within brief. [22] NOTE: Access to this entry is limited to counsel of record. Once the document is approved by the court, it will be filed onto the court's docket as a separate entry which will be open to the public. [7331875] [23-2366] (Mills, Christopher) [Entered: 08/25/2023 08:42 AM] |
| Filing 21 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Chase Strangio for Appellees Beth Clawson, Nathaniel Clawson, K.C., M.W. and Ryan Welch. Additional Parties: Lisa Welch, A.M., Emily Morris, M.R., Maria Rivera, Catherine Bast and Mosaic Health and Healing Arts, Inc.. [21] [7331544] (L-No; E-No; R-No) [23-2366] (Strangio, Chase) [Entered: 08/23/2023 04:45 PM] |
| Filing 20 Paper copies of appellant brief filed by Appellants Lindsay Hyer, Indiana Family and Social Services Administration, Individual Members of the Medical Licensing Board of Indiana, Todd Rokita and Daniel Rusyniak. [20] [7331386] [23-2366] (CAG) [Entered: 08/23/2023 11:36 AM] |
| Filing 19 Appellant's brief filed by Appellants Lindsay Hyer, Indiana Family and Social Services Administration, Individual Members of the Medical Licensing Board of Indiana, Todd Rokita and Daniel Rusyniak. Appellee's brief due on or before 09/20/2023 for Beth Clawson, Nathaniel Clawson, K.C., M.W. and Ryan Welch. Paper copies due on 08/28/2023. REMINDER: If a case is designated to proceed to oral argument, hearing notices will be mailed shortly before the date of oral argument. Please note that counsel's unavailability for oral argument must be submitted by letter, filed electronically with the Clerk's Office, no later than the filing of the appellant's brief in a criminal case and the filing of an appellee's brief in a civil case. See Cir. R. 34(b)(3). The court's calendar is located at https://www.ca7.uscourts.gov/cal/argcalendar.pdf. Once scheduled, oral argument is rescheduled only in extraordinary circumstances. See Cir. R. 34(b)(4), (e). [19] [7331036] [23-2366] (CAG) [Entered: 08/22/2023 08:29 AM] |
| Filing 18 Submitted appellant brief by Thomas M. Fisher for Appellants Lindsay Hyer, Indiana Family and Social Services Administration, Individual Members of the Medical Licensing Board of Indiana, Todd Rokita and Daniel Rusyniak. [18] NOTE: Access to this entry is limited to counsel of record. Once the document is approved by the court, it will be filed onto the court's docket as a separate entry which will be open to the public. [7331016] [23-2366] (Fisher, Thomas) [Entered: 08/21/2023 04:37 PM] |
Filing 17
Order issued GRANTING motion to withdraw as counsel and attorney Razi S. Lane may withdraw from further representation of appellants Individual Members of the Medical Licensing Board of Indiana, Lindsay Hyer, Todd Rokita, Daniel Rusyniak, and Indiana Family and Social Services Administration. Attorney Thomas M. Fisher will continue to serve as counsel of record for appellants Individual Members of the Medical Licensing Board of Indiana, Lindsay Hyer, Todd Rokita, Daniel Rusyniak, and Indiana Family and Social Services Administration. [ # 16 ] CDH [17] [7325622] [23-2366] (ER) [Entered: 07/25/2023 04:31 PM]
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| Filing 16 Motion filed by Attorney Razi Lane to withdraw as counsel for Appellants Lindsay Hyer, Indiana Family and Social Services Administration, Individual Members of the Medical Licensing Board of Indiana, Todd Rokita and Daniel Rusyniak. [16] [7325522] [23-2366]--[Edited 07/25/2023 by CG to reflect attorney filer.] (Lane, Razi) [Entered: 07/25/2023 12:39 PM] |
| Filing 15 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Stevie Pactor for Appellees Beth Clawson, Nathaniel Clawson, K.C., M.W. and Ryan Welch. for Lisa Welch, A.M., Emily Morris, M.R., Maria Rivera, Catherine Bast, M.D., Mosaic Health and Healing Arts. [15] [7324347] (L-No; E-Yes; R-No) [23-2366] [15] [7324347] [23-2366]--[Edited 07/19/2023 by HTP to reflect addition of counsel.] (Pactor, Stevie) [Entered: 07/19/2023 01:56 PM] |
| Filing 14 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Mr. Kenneth J. Falk for Appellees K.C., Nathaniel Clawson, Beth Clawson, M.W. and Ryan Welch, per 07/17/2023 order. [14] [7323763] [23-2366] (HTP) [Entered: 07/17/2023 11:59 AM] |
Filing 13
ORDER re: Motion for leave to file appearance and disclosure statement containing actual name of minor plaintiffs under seal. The motion is GRANTED. The clerk of this court shall file instanter the attorneys unredacted disclosure statement and maintain the statement under seal. See Cir. R. 26.1(b). [ # 9 ]. JEH [13] [7323758] [23-2366] (HTP) [Entered: 07/17/2023 11:49 AM]
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| Filing 12 Appearance form filed by Attorney Corrine Youngs for Appellants Lindsay Hyer, Indiana Family and Social Services Administration, Individual Members of the Medical Licensing Board of Indiana, Todd Rokita and Daniel Rusyniak. [12] [7323595] (L-No; E-Yes; R-No) [23-2366] [Edited 07/14/2023 by CG to reflect the addition of counsel.] (Youngs, Corrine) [Entered: 07/14/2023 03:48 PM] |
| Filing 11 Statement of Jurisdiction filed by Appellants Lindsay Hyer, Indiana Family and Social Services Administration, Individual Members of the Medical Licensing Board of Indiana, Todd Rokita and Daniel Rusyniak. Prior or Related proceedings: No. [11] [7323577] [23-2366] (Fisher, Thomas) [Entered: 07/14/2023 02:59 PM] |
| Filing 10 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Gavin M. Rose for Appellees Beth Clawson, Nathaniel Clawson, K.C., M.W. and Ryan Welch. for Lisa Welch, Emily Morris, M.R., Maria Rivera, Catherine Bast, M.D., Mosaic Health and Healing Arts, Inc.. [10] [7323372] (L-No; E-Yes; R-No) [23-2366] [Edited 07/14/2023 by CG to reflect the addition of counsel.] (Rose, Gavin) [Entered: 07/14/2023 08:24 AM] |
| Filing 9 Motion by Appellees K.C. and M.W. to seal Disclosure Statement Containing Actual Names of Minor Plaintiffs (K.C., M.W., A.M., and M.R.). [9] NOTE: Access to this entry is limited to counsel of record. [7323359] [23-2366] (Falk, Kenneth) [Entered: 07/13/2023 05:45 PM] |
| Filing 8 Appearance form filed by Attorney Razi S. Lane for Appellants Lindsay Hyer, Indiana Family and Social Services Administration, Individual Members of the Medical Licensing Board of Indiana, Todd Rokita and Daniel Rusyniak. [8] [7323300] (L-No; E-Yes; R-No) [23-2366] [8] [7323300] [23-2366]--[Edited 07/13/2023 by HTP to reflect addition of counsel.] (Lane, Razi) [Entered: 07/13/2023 03:32 PM] |
| Filing 7 Appearance form filed by Attorney Melinda R. Holmes for Appellants Lindsay Hyer, Indiana Family and Social Services Administration, Individual Members of the Medical Licensing Board of Indiana, Todd Rokita and Daniel Rusyniak. [7] [7323295] (L-No; E-Yes; R-No) [23-2366] [7] [7323295] [23-2366]--[Edited 07/13/2023 by HTP to reflect addition of counsel.] (Holmes, Melinda) [Entered: 07/13/2023 03:26 PM] |
| Filing 6 Appearance form filed by Attorney James A. Barta for Appellants Lindsay Hyer, Indiana Family and Social Services Administration, Individual Members of the Medical Licensing Board of Indiana, Todd Rokita and Daniel Rusyniak. [6] [7323289] (L-No; E-Yes; R-No) [23-2366] [6] [7323289] [23-2366]--[Edited 07/13/2023 by HTP to reflect addition of counsel.] (Barta, James) [Entered: 07/13/2023 03:22 PM] |
Filing 5
ORDER: Circuit Rule 3(c)(1), referencing Circuit Rule 28(a), requires an appellant to file a docketing statement which provides information concerning appellant jurisdiction. In the present case, appellants Circuit Rule 3(c) docketing statement fails to set forth the correct date of entry of the order appealeda preliminary injunction. Appellants must provide the correct information. Accordingly, the appellants shall file a complete statement of jurisdiction that includes the correct date of the order granting a preliminary injunction. The statement is due on or before July 24, 2023. DW [5] [7323260] [23-2366] (CG) [Entered: 07/13/2023 02:37 PM]
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| Filing 4 Added Attorney Kenneth J. Falk for Appellees Beth Clawson, Nathaniel Clawson, K.C., M.W. and Ryan Welch, in case 23-2366 per disclosure statement. Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Kenneth J. Falk for Appellees Beth Clawson, Nathaniel Clawson, K.C., M.W. and Ryan Welch. Additional Parties: Lisa Welch; A.M.; Emily Morris; M.R.; Maria Rivera; Catherine Bast, M.D.; Mosaic Health and Healing Arts, Inc. [4] [7323223] (L-Yes; E-Yes; R-No) [23-2366]--[Edited 07/13/2023 by MAN to reflect addition of counsel] (Falk, Kenneth) [Entered: 07/13/2023 01:49 PM] |
| Filing 3 Filed Seventh Circuit Transcript Information Sheet by Appellants Individual Members of the Medical Licensing Board of Indiana, Indiana Family and Social Services Administration, Todd Rokita, Lindsay Hyer and Daniel Rusyniak. [3] [7323184] [23-2366] (Franzen, Jodie) [Entered: 07/13/2023 12:54 PM] |
| Filing 2 THIS CAUSE CONSISTS OF MORE THAN 5 PARTIES FOR EITHER SIDE. The following are those parties to this cause as reflected on the District Court docket, yet are not reflected on the Appellate docket/caption for administrative purposes: APPELLEES: Lisa Welch, A.M., Emily Morris, M.R., Maria Rivera, Catherine Bast and Mosaic Health and Healing Arts, Inc.. [2] [7322908] [23-2366] (ER) [Entered: 07/12/2023 12:47 PM] |
| Filing 1 Private civil case docketed. Fee paid. Docketing statement filed. Transcript information sheet due by 07/26/2023. Appellant's brief due on or before 08/21/2023 for Lindsay Hyer, Indiana Family and Social Services Administration, Individual Members of the Medical Licensing Board of Indiana, Todd Rokita and Daniel Rusyniak. [1] [7322904] [23-2366] (ER) [Entered: 07/12/2023 12:42 PM] |
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